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City Council - 11/15/1994 MINUTES EDEN PRAIRIE CITY COUNCIL TUFSDAY, NOVEMBER 159, 1994 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road COUNCE A IEMBERS: Mayor Douglas Tenpas, Jean Harris, H. Martin Jessen, Patricia Pidcock, and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Carl J. JuMe, Assistant City Manager Chris Enger, Director of Parks, Recreation & Natural Resources Bob Lambert, Director of Public Works Gene Dietz, City Attorney Roger Pauly, and Council Recorder Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL Mayor Tenpas called the meeting to order at 7:30 p.m. Councilmember lessen was absent. Councilmember Pidcock said it would be approrpriate to remember the family and friends of the Hussey family on this the one year anniversary of the abduction and murder of Grant Hussey. APPOINTMENT OF COUNCILAMOER TO FILL VACANCY ON CITY COUNCIL THROUGH DECEMBER 319 1994 Staff reported that Ms. Nancy Tyra-Lukens had received the most votes at the November 8 Council election and recommended that she be appointed to fill the vacancy on the Council through December 31, 1994. MOTION: Harris moved, seconded by Pidcock, to appoint Ms. Nancy Tyra-Lukens to fill the City Council vacancy through December 31, 1994. Motion carried unanimously. PRESENTATION OF AWARD OF COMMENDATION TO MATTHEW DOWNING AND MICHAEL PRIGGEE The Police and Fire Awards Committee presented Commendation Awards to Matthew Downing and Michael Priggee for performing CPR on Richard Coller, who suffered a heart attack at the Flagship Athletic Club. City Council Minutes 2 November 15, 1994 SWEARING-IN OF NEW COUNCnAMMER City Attorney Pauly administered the Oath of Office to Ms. Tyra-Lukens. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Pidcock added item M. A. 1. UPDATE ON SOUTHWEST SUBURBAN CABLE COMMISSION. Tenpas added item M. A. 2. TOBACCO ORDINANCE TASK FORCE. Jullie added item IV. I. LETTER OF INTENT FOR PURCHASE OF SITE FOR A NEW LIQUOR STORE . MOTION: Hams moved, seconded by Pidcock, to approve the agenda as submitted and amended. Motion carried unanimously. II. OPEN PODIUM There were no presentations during this portion of the meeting. III. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY. NOVEM BER 1. 1994 MOTION: Pidcock moved, seconded by Hams, to approve the minutes of the City Council held Tuesday, November 1, 1994, as submitted. Motion carried on a 3-0-1 vote, with Tyra-Lukens abstaining. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. RESCHEDULE JOINT CITY COUNCIL/FLYING CLOUD AIRPORT ADVISORY COMIVIISSION MEETING FROM TUESDAY, NOVE BER 15, 1994, TO TUESDAY, DECEMBER 20, 1994, 6:15 PM C. RESOLUTION #94-182, APPROVING FINAL PLAT OF CITY WEST ACRES (located east of Shady Oak Road and north of City West Parkway) D. DOOLITTLES AIR CAFE 2nd Reading of an Ordinance for Zoning District Amendment; Adoption of a Resolution for Site Plan Review for Doolittles Air Cafe; Approval of a Developer's Agreement for Doolittles Air Cafe by Reimer, Olson Limited Liability Partnership. Location: singletree Lane and Prairie Center Drive. (Ordinance#42-94, Zoning District Amendment and Resolution #94-183, Site Plan Review) City Council Minutes 3 November 15, 1994 E. RESOLUTION #94-184, APPROVING PLANS AND SPECIFICATIONS FOR CITY WEST PARKWAY EXTENSION. I.C. 52-067 F. BUCA RESTAURANT 2nd Reading of an Ordinance for Zoning District Amendment; Adoption of a Resolution Approving Site Plan Review for Buca. Restaurant; Approval of a Developer's Agreement for Buca Restaurant by Parasole Restaurant Holdings, Inc. Location: Highway 5 and Mitchell Road. (Ordinance#43-94,Zoning District Amendment and Resolution#94-185, Site Plan Review) G. RESOLUTION #94-186. FINAL PLAT FOR SOWLES ADDITION (located east of Dell Road and north of Pioneer Trail) H. CITY WEST ACRES/CENTRON DPL COMPANY 2nd Reading of an Ordinance for PUD District Review on 12.4 acres and Zoning District Amendment in the I-2 Park Zoning District on 12.4 acres; Adoption of a Resolution for Site Plan Review for Centron DPL Company; Approval of a Developer's Agreement for City West Acres/Centron DPL Company by Ryan Construction Company of Minnesota. Location: City West Business Center. (Ordinance #41-94-PUD-5-94, PUD District Review and Zoning District Amendment and Resolution #94-187, Site Plan Review) I. LETTER OF INTENT FOR PURCHASE OF SITE FOR A NEW LIQUOR STORE MOTION: Pidcock moved, seconded by Tyra-Lukens, to approve items A. -H. of the Consent Calendar as presented. Motion carried unanimously. V. PUBLIC HEARINGS/MEETINGS A. VACATION 94-093 VACATION OF PART OF THE RIGHT-OF-WAY FOR WEST 82ND STREET(SOUTHERLY) (Resolution#94-188)Continued from November 1, 1994 This item was continued from the November 1st meeting. There were no comments from the audience. MOTION: Harris moved, seconded by Pidcock, to close the public hearing; and to adopt Resolution #94-188, approving Vacation #94-09. Motion carried unanimously. City Council Minutes 4 November 15, 1994 B. VACATION 94-10, VACATION OF EASEMENT FOR PUBLIC ROAD RIGHT-OF WAY FOR PART OF TECHNOLOGY DRIVE IN SECTION 16 (Resolution#94-189) Continued from November 1, 1994 This item was continued from the November 1st meeting. There were no comments from the audience. MOTION: Harris moved, seconded by Tyra-Lukens, to close the public hearing; and to adopt Resolution #94-189, approving Vacation #94-10. Motion carried unanimously. C. VACATION 94-112 VACATION OF PART OF THE RIGHT-OF-WAY FOR WEST 82ND STREET(NORTHERLY) (Resolution#94-190)Continued from November 1, 1994 This item was continued from the November 1st meeting. There were no comments from the audience. MOTION: Pidcock moved, seconded by Harris, to close the public hearing; and to adopt Resolution #94-190, approving Vacation #94-11. Motion carried unanimously. D. VACATION 94-12, VACATION OF A TEMPORARY EASEMENT FOR PART OF DELL ROAD LOCATED IN SECTION 6 (Resolution #94-191) Continued from November 1, 1994 This item was continued from the November 1st meeting. There were no comments from the audience. MOTION: Harris moved, seconded by Tyra-Lukens, to close the public hearing; and to adopt Resolution #94-191, approving Vacation #94-12. Motion carried unanimously. E. VACATION 94-13,VACATION OF PART OF THE RIGHT-OF-WAY FOR PRAIRILE LAKES DRIVE (Resolution#94-192) Continued from November 1, 1994 This item was continued from the November lst meeting. There were no comments from the audience. MOTION: Pidcock moved, seconded by Tyra-Lukens, to close the public hearing; and to adopt Resolution #94-192, approving Vacation #94-13. Motion carried unanimously. City Council Minutes 5 November 15, 1994 F. VACATION 94-14, VACATION OF DRAINAGE AND UTILITY EASEMENTS IN CITY WEST BUSINESS CENTER (Resolution #94-193) Continued from November 1, 1994 This item was continued from the November 1st meeting. There were no comments from the audience. MOTION: Pidcock moved, seconded by Harris, to close the public hearing; and to adopt Resolution #94-193, approving Vacation #94-14. 1 Motion carried unanimously. G. VACATION 94-15. VACATION OF RIGHT-OF-WAY FOR PART OF WEST 70TH STREET Dietz reported that the property owners who initiated this request have asked for additional time to discuss alternate access easements and land transfers with the adjoining property owners. MOTION: Pidcock moved, seconded by Harris, to continue this item to the December 6, 1994 Council meeting. Motion carried unanimously. H. BEST BUY EXPANSION by Best Buy. Request for PUD District Review on 27.8 acres with a waiver to allow for the percent of office space allowed within the I-2 Zoning District to exceed 50%, and a waiver to allow for temporary off- site parking for 100 cars until June 1, 1995, Zoning District Amendment in the I-2 Industrial Zoning District on 27.8 acres and Site Plan Review on 27.8 acres for the addition of 72,000 sq. ft. of office space within the existing building and 196 parking spaces. Location: 7075 Flying Cloud Drive. (Ordinance for PUD District Review and Zoning District Amendment) In the absence of the proponent, Enger reviewed Best Buy's expansion proposal and explainedthe waivers required for the project. . He said the Planning Commission reviewed this project and voted 6-0-0 to recommend approval at their October 24, 1994 meeting, subject to the recommendations of the Staff Report. There were no comments from the audience. MOTION: Hams moved, seconded by Tyra-Lukens, to close the Public Hearing; to approve 1st Reading of an Ordinance for PUD District Review and Zoning District Amendment, including waivers to exceed the 50% office space requirement and for temporary off-site parking; and to direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. City Council Minutes 6 November 15, 1994 VI. PAYMENT OF CLAIMS MOTION: Pidcock moved, seconded by Tyra-Lukens, to approve the Payment of Claims as presented. Motion carried on a roll call vote, with Harris, Pidcock, Tenpas, and Tyra-Lukens voting "aye". VII. ORDINANCES AND RESOLUTIONS VIH. PETITIONS, REQUESTS AND COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS, CONE IISSIONS & COMIVIITTEES X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCn:MEMR 1. UPDATE ON SOUTHWEST SUBURBAN CABLE COABMSION. Pidcock reported that the commission has a program to be shown on Paragon Cable that discusses the roles and requirements for the public partnership in cable television. 2. TOBACCO ORDINANCE TASK FORCE. Tenpas said the task force has not completed the review of the new tobacco regulations and someone else will have to chair the committee because his term of office is over soon. He said they still need to have closure with all parties. Harris asked if there will be major revisions of the proposed ordinance as she would prefer to adhere to the spirit of the original proposal. Tenpas said they are discussing the retailers' concerns but the proposal should be the same as the original or tighter. B. REPORT OF CITY MANAGER XII. OTHER BUSINESS XHI. ADJOURNMENT MOTION TO ADJOURN: Harris moved, seconded by Pidcock, to adjourn the meeting. Mayor Tenpas closed the meeting at 7:50 p.m.